Negotiating State and Non-State Law: The Challenge of Global and Local Legal Pluralism

Michael A. Helfand (Curatore)

Cambridge University Press, 2026

Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

• Curatore: Michael A. Helfand
• Editore: Cambridge University Press
• Collana: ASIL Studies in International Legal Theory
• Anno: 2026
• Rilegatura: Paperback / softback
• Pagine: 361 p.
• EAN: 9781107444461

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